Presumption of septuagenary disability in the separation system of goods in the face of violation of the fundamental rights of the dignity of the human perspective and freedom

Abstract

The present article aims to deal with the presumption of incapacity of the septuagenarian in the face of the principles of human dignity and freedom. The Civil Code stipulates that persons over 70 years of age who wish to enter into marriage must compulsorily adopt the system of compulsory separation of assets. Therefore, to prove that such a measure is wrong and in some ways unconstitutional, for violating the rights guaranteed by the Constitution, will be exposed how the doctrine behaves in the face of this restriction and a possible solution to solve such problem.

Keywords

• incapacidade
• septuagenário
• regimes de bens obrigatórios
• princípio da dignidade da pessoa humana, princípio da liberdade